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Judgment
Hon’ble Mrs. Harvinder Kaur Oberoi, Member (J)
The applicant, by way of the present Original Application, has sought the following reliefs:
“A. Direct the respondent to promote the applicant from Grade-II to Grade-I w.e.f. 29.11.2006 instead of 26.09.2025 as per the "Sports Authority of India (Service) Bye-laws and conditions of Service Regulations, 1992;
B. Direct the respondent to give all the service benefits to the applicant as Grade-I groundsman w.e.f. 29.11.2006.
C. Direct the respondent to grant pay scale in accordance with Recruitment Rules, 1992 and all consequential financial benefits.
D. Direct the respondent to grant all consequential benefits and other entitlement as Grade-I groundsman w.e.f. 29.11.2006.
E. Any other relief/reliefs which this Hon'ble Tribunal deems fit and proper in the facts and circumstances of the case, may also be granted.”
Highlighting the facts of the case, learned counsel for the applicant submits that the applicant is seeking antedation of his promotion. He further submits that, vide impugned Office Order No. 213/2025 dated 26.09.2025, the competent authority was pleased to promote the applicant with immediate effect from Groundsman Grade II to Grade I. Learned counsel submits that the applicant, who has been serving the respondents for more than 25 years, ought to have been promoted from Grade-II to Grade-I w.e.f. 29.11.2006, i.e. from the date on which, according to the applicant, he acquired eligibility for such promotion, instead of being granted promotion belatedly with effect from 26.09.2025.
We note that the present O.A. is premature, as the applicant has approached this Tribunal directly challenging the impugned order dated 26.09.2025 (Annexure A-1), without first submitting any representation before the competent authority seeking the reliefs prayed for in the present O.A.
We also note that, in terms of Section 20(1) of the Administrative Tribunals Act, 1985, an applicant is ordinarily required to exhaust the available departmental remedy by approaching the concerned authority before invoking the jurisdiction of this Tribunal. However, having regard to the facts and circumstances of the case and considering that the applicant belongs to Group ‘C’ category, we deem it appropriate to grant him one opportunity to submit a detailed and comprehensive representation before the competent authority within a period of 15 days from the date of receipt of a copy of this order. Upon receipt of such representation, the competent authority amongst the respondents shall consider the same and pass a reasoned and speaking order, in accordance with law, within a period of three months thereafter. We make it clear that, in the event the decision rendered by the competent authority is in favour of the applicant, he shall be entitled to consequential benefits, as admissible in law, within a period of one month thereafter.
The present O.A. is accordingly disposed of in the above terms at the admission stage. All pending M.As., if any, shall also stand disposed of. There shall be no order as to costs.